SC strikes down rule ousting visually impaired in MP judicial service
New Delhi: The Supreme Court on Monday said that PwD (Persons with Disabilities) candidates must not face any discrimination in the judicial services recruitment process and that the government must provide reservations to them to create an inclusive framework.
A Bench of Justices J.B. Pardiwala and R. Mahadevan struck down Rule 6A of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, which excluded visually impaired and no-vision candidates from seeking appointment in the judicial service.
The apex court, in March last year, had registered the suo moto proceedings after a letter petition was addressed to the Chief Justice of India (CJI) by the mother of a visually impaired candidate who aspired for appointment in the judicial service in Madhya Pradesh.
Turning the letter petition into a writ petition under Article 32 of the Constitution, then CJI CJI D.Y. Chandrachud-led Bench had issued notices to the Union government, state government and Registrar General of the MP High Court.
Further, it had requested senior advocate Gaurav Agrawal to assist the court as amicus curiae in the matter.
In an interim order passed subsequently, the Supreme Court had ordered visually impaired candidates who have received the minimum qualifying marks in the preliminary examination to sit for the main examination.
“The High Court shall make arrangements to permit a scribe for each visually impaired candidate who will appear for the main examination. Such candidates shall also be given additional time to complete the examination at the rate of 20 minutes per hour of the examination,” it had ordered.
6A, inserted in June 2023, provides that 6 per cent of posts will be horizontally reserved for persons suffering from a locomotor disability, including leprosy cured, dwarfism, muscular dystrophy and acid attack victims, excluding cerebral palsy, as specified under section 34 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016).